Statutory Code of Practice on Racial Equality in Employment

The Race Relations Act 1976 (RRA) makes it unlawful to discriminate in recruitment or employment on the grounds of race or colour, nationality, or ethnic or national origin.

On 6 April 2006, the Statutory Code of Practice on Racial Equality in Employment will take effect. This has been produced by the Commission for Racial Equality (CRE), and replaces and updates the CRE’s previous code, which has been in place since 1984.

The new code has been written to help employers and workers to understand and follow the RRA, and to explain what their various rights, responsibilities and duties are. It aims to promote a culture of equality and diversity in the workplace, from recruitment, through the employment relationship, to termination and beyond.

The code:

Outlines employers’ legal obligations under the RRA
Makes recommendations and gives guidance on how to avoid unlawful discrimination and harassment in employment
Advises employers on the policies and procedures necessary to establish an environment free from discrimination and harassment

Makes recommendations for (amongst others) trade unions, professional associations, employment agencies and partnerships who have additional responsibilities as providers of services specifically covered by the RRA

Status of the code:

It applies to all employers, current and past workers and applicants for employment, promotion and training
It is not legally binding, but an employer’s failure to follow it will be hard to defend before a tribunal

A copy of the code is available by clicking on this link http://www.cre.gov.uk/downloads/employmentcode.pdf

It is very important that employers should read the code, train their managers and audit their in-house practices, policies and procedures to ensure that, from 6 April, they comply with the new Code of Practice. We anticipate that in race discrimination claims this year, it will be very common for tribunals to ask respondents whether they have updated their policies following publication by the CRE of the new code!